Bachelor of Laws - Kampala Campus

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https://hdl.handle.net/20.500.12311/1029

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An Examination on the Impact of the Sports Legal Framework on the Performance of Sports in Uganda
(Uganda Christian University, 2023-05-13) Keith Lazarus Oketch
An Examination of the Impact of Medical Malpractice Litigation on the Performance of Health Workers in Uganda.
(Uganda Christian University, 2024) Paul Richard Kabanda
Medical malpractice litigation is a growing trend in most developing countries and many countries are seeking ways to cope with the problem. Practicing safe behavior regarding patients is an essential part of a health worker’s ethical and professional standards. Despite this, health workers practice behaviors that run counter to patient safety, including practicing defensive medicine, hesitating to disclose incidents of malpractice to patients and failing to report these incidents of malpractice to the hospital administrations. Health worker’s risk of malpractice litigation seems to be a relevant factor affecting these behaviors. The objective of this study was to examine the impact of medical malpractice litigation on the performance of health workers. The study sought discuss the legal framework surrounding medical malpractice in Uganda, analyzed the state of medical malpractice litigation in Uganda, and analyzed the adequacy of the existing legal frameworks in addressing the medical malpractice. It has been established that there is a need for a common definition of medical malpractice, a common legislation that will save the situation of referring to multiple laws when adjudicating on medical negligence suits. The health workers have suffered from psychological distress when facing medical litigation. Such distress has led to underperformance of health workers. The costs associated with medical malpractice and the ensuing litigation have been considerable and trigger different responses from the health worker. The environment is characterized with several factors combined to create worker resentment and unhappiness about their professions and the regulatory systems within which they operate.
The Effectiveness of Copyright Law in Uganda
(Uganda Christian University, 2024-05-28) Frank Batte
This study critically examines the effectiveness of copyright law in Uganda, with a particular focus on its infringement. It explores the legal framework governing copyright protection at both national and international level. The study investigates the extent to which copyright law deters infringement and supports creative industry in Uganda. Through a combination of doctrinal, qualitative, and physical library data collection analysis the research identifies key challenges undermining the law’s effectiveness and also the enforcement mechanisms in the Act. The study therefore, recommended amendment of copyright and Neighbouring Act, establishment of Intellectual Property Tribunals, public awareness as a best way to ensure to ensure adequate protection and enforcement of the rights of the holders.
Assessing Uganda’s Institutional Framework on Climate Change With Specific Reference to the National Climate Change Act 2021
(Uganda Christian University, 2024-06-04) Phillip Mugabi Mukuye
Climate change is causing devastating impacts on the lives of millions of people around the world. In Uganda, the economy is particularly vulnerable to climate change given its reliance on natural resources. Floods, landslides, droughts, and other extreme weather events are increasing in frequency and intensity. Droughts have significantly affected water resources, hydroelectricity generation, and agriculture. As agriculture, forestry, and fisheries decline due to droughts, people migrate to urban areas, forming slums. Floods destroy key infrastructure like dams, roads, and bridges thereby affecting the energy and transport sector central to Uganda's economy. This reveals that Uganda faces a complex challenge of addressing climate change and promoting development. Building climate resilience or increasing the adaptive capacity in a low carbon as a possible way will help Uganda achieve sustainable growth and its development goals. Efforts to combat the impacts of climate change and enhance mitigation and adaptation saw the passing of the National Climate Change Act 2021 whose ultimate objective is to streamline Uganda's response measures and actions to climate change to global efforts to address climate change, This research sets out to discuss the institutional arrangements established under the act for implementing climate change response measures. This is followed by a discussion of the climate change response measures established under the act. The study concludes by recommending a top-down approach to addressing climate change. This approach encompasses actions that need to be undertaken by the government, private sector, and individuals to contribute to the fight against climate change.
The Role of NGO's in the Realisation of the Right to Health in Uganda
(Uganda Christian University, 2025-05-23) Doreen Atuheirwe
This research study discusses NGO’s role in realising the right to health in Uganda, with a particular focus on NGO’s. It explores the legal and non-legal aspects governing role of NGO’s in realization of the right to health. It is a combination of library data collection analysis and doctrinal research it identifies the challenges that affect NGO’s in the realization of the right to health, the comparative models between South Africa and India in the way they handle the right to health and how Uganda as a country can adopt some of the methods and ways they use in making the right to health a fundamental human right for its population. This study recommends various amendments in the statutory laws of Uganda such as the Public Health Act, NGO Act and The Constitution of the Republic of Uganda 1995, as Amended, to acknowledge the right to health as a fundamental human right .
A Right to Inclusive Education for Persons with Disabilities in Universities in Uganda
(Uganda Christian University, 2025-05-23) Christine Elizabeth Acam
Uganda has progressive laws and policies that promote inclusive education at all levels. This dissertation examines the realization of the right to inclusive education for persons with disabilities in universities. The study uses desktop research to look at legal documents, policies, and academic writings. The study finds that some public universities have made efforts like creating disability support centres and admitting students with disabilities through an affirmative action scheme. However, most private universities fall short of this practice. Generally, in both public and private universities, students with disabilities are experiencing exclusion due to inaccessible buildings, a lack of support services, and limited awareness among university staff. This dissertation recommends staff training on disability inclusion, increasing funding, modifying infrastructure, adapting ICT and library services, and implementing disability policies to realize disability inclusion in universities.
Analysing the Role of Courts in the Realisation of the Right to Health in Uganda
(Uganda Christian University, 2025-05-26) Shamirah Nabunya
This dissertation analyses in detail the manner in which Courts facilitate the attainment and enforcement of the health right in Uganda. The regional and International legal instruments observe the right to health, but unfortunately Uganda’s Constitution does not bound the country to provide the best possible standard of health. Through the use of significant rulings and public interest litigation, this study examines how well judicial systems address international and Constitutional health rights. It also looks into how infrastructure, poverty, government, the legal and illegal healthcare systems interact to influence health outcomes. A comparison with the legal frameworks of Kenya, South Africa and Nigeria reveals the possibilities and limitations of judicial activism in enhancing health equity. This research relies on qualitative method with secondary data, case law, and doctrinal legal analysis. The findings indicate that despite the fact that Ugandan courts have enhanced opinion rights to health, there is inadequate expertise within the judiciary, weak enforcement mechanisms, and poor funding which restrict full realization of health rights. The dissertation concludes with policy and legal recommendations aimed at enhancing the adjudication and actual enforcement of health rights in Uganda. Some of these suggestions include a Constitutional change, judicial education on health law, heightened public education, enhanced healthcare funding, and stronger general healthcare economics.
Assessing the Impact of Medical Negligence and Access to Justice in Uganda
(Uganda Christian Univesity, 2025-05-27) Joseline Nambi
Medical negligence is an unbearable worry and significant concern in the healthcare system filled in the hearts and minds of patients regardless of one’s financial status which results into harm to patients’ lives causing both psychological and physical disabilities. This leads to increased healthcare costs to rectify the errors or omissions and erodes trust in the healthcare system. Practicing safe and up to the required standard methods of medication and treatment is expected to be the back bone of the health worker’s ethical and professional standards. Health workers tend to neglect their sworn values, ethics and standards of practices either intentionally or negligently which puts the health of patients in jeopardy. These can be seen through wrongful acts like misdiagnosis, wrong prescriptions of medicines, improper surgeries carried out, and so many other acts or omissions where they deliberately refuse or fail to do what is required of them. The victims to such actions remain with just one alternative, which is to seek for justice from the institutional frame works that government the health profession in Uganda. The question then remains, whether this justice is attained and can fully fill up and put together the broken pieces. The objective of this study was to assess the impact of medical negligence and access to justice in Uganda. The study sought to discuss the legal frame work surrounding medical negligence in Uganda by analyzing and assessing how best the legal and institutional frame work has played a role in ensuring that the victims to medical negligence access the justice they deserve and addressing the matter.
Evaluating the Ethical Implications of Mass Surveillance on Individual Rights in Uganda
(Uganda Christian University, 2025-05-27) Shafick Ssekandi
This dissertation explores the ethical implications of mass surveillance on individual rights in Uganda. With the increasing digitization of society, governments are implementing surveillance technologies ostensibly to ensure national security, in Uganda; these efforts have raised concerns regarding the protection of privacy, data security, and civil liberties. The study investigates the extent of surveillance, assesses its impact on individual freedoms, and evaluates the existing legal and ethical frameworks. Using a qualitative research methodology, the research analyses laws such as the Computer Misuse Act (2011),the Regulation of Interception of Communications Act (2010),and Ant-Terrorism Act (2002),and juxtaposes these against human rights principles. Findings show that while surveillance has benefits, such as crime prevention, it often lacks oversight, transparency, and accountability, leading to abuses of power. The study concludes that Uganda’s current surveillance regime disproportionately prioritizes state security over individual rights, creating an ethical imbalance. Recommendations include strengthening legal safeguards, judicial oversight and enhancing public awareness on digital rights.
Implications of the General Data Protection Regulation on International Data Protection Practices: A Case of Uganda
(Uganda Christian University, 2025-05-27) Peace Kamakune
This study examines the implications of the General Data Protection Regulation (GDPR) on international data protection practices, with a specific focus on Uganda. The research assesses the alignment of Uganda’s Data Protection and Privacy Act (DPPA) with GDPR standards, identifying critical gaps in scope, enforcement, and compliance mechanisms. Using a qualitative research methodology, the study analyzes legal texts, policy documents, and case studies to evaluate Uganda’s regulatory framework. Key findings reveal that the DPPA lacks extraterritorial applicability, stringent penalties, and robust enforcement mechanisms compared to the GDPR, undermining its effectiveness in safeguarding personal data. Additionally, weak public awareness and inconsistent enforcement hinder Uganda’s ability to attract foreign investment in the digital economy. The study recommends legal reforms, institutional capacity building, and public awareness campaigns to align Uganda’s data protection practices with global standards, ensuring enhanced privacy rights and economic growth.
Examination the Efficacy of Alternative Dispute Resolution in Intellectual Property Disputes Settlement: Arbitration in Copyright Disputes
(Uganda Christian University, 2025-05-27) Christine Nanziri
This study examines the role of arbitration in resolving copyright disputes in Uganda, emphasizing the effectiveness of Alternative Dispute Resolution (ADR) mechanisms in facilitating timely access to justice and alleviating case backlog. The research analyzes the legal and institutional framework governing arbitration and copyright protection in Uganda, exploring the interplay of international conventions, regional instruments, and domestic legislation. The findings underscore the benefits of arbitration in copyright disputes, including expedited resolution, reduced costs, and confidentiality, while also proposing practical approaches for dispute resolution through arbitration. The study concludes that arbitration serves as an effective means of resolving copyright disputes in Uganda, presenting a viable alternative to traditional litigation. It recommends increasing awareness and education about arbitration, strengthening institutions, and training more arbitrators with expertise in copyright issues. By embracing arbitration and other ADR mechanisms, stakeholders can effectively navigate the complexities of intellectual property disputes, thereby fostering innovation, creativity, and collaboration within Uganda's creative industries.
The Effectiveness of the Bar in Enhancing Uganda's Judicial Accountability
(Uganda Christian University, 2025-05-27) Barbara Namata
Judicial accountability is a key element that is increasingly gaining prominence across many parts of the world. It is a principle that emphasizes that judicial officers are held responsible for their omissions or commissions in line with their judicial duties. The principle of judicial accountability is a critical factor in fostering the independence and the integrity of courts. However, as the study has noted, the principle of judicial accountability is quite a contentious one, especially as regards to protecting the independence of the judiciary. The study notes the critical role of the Bar Associations in promoting the accountability of courts in their jurisdictions. With regard to Uganda, it showcases the role the Uganda Law Society, which is the country’s national Bar Association, has played in advancing the element of judicial accountability in the country. It observes the Association’s role in the recruitment and the enforcement of discipline among judicial officers by virtue of its membership in the Judicial Service Commission, an avenue that allows it to hold judges to account for their actions and decisions. Additionally, the study also observes the critical role of the body in protecting and defending the judiciary against threats, attacks and unfair criticisms against judicial officers from the public and the Executive. These acts tend to erode public trust in the judiciary as well as erode and undermine the integrity of the courts. The study identifies challenges of limited participation of the public in the recruitment of the judges, the unclear processes in the selection of the public representatives to the JSC, the poor relationship between the judiciary and the Uganda Law Society, and the lack of respect for the independence and the decisions of court as some of the hindrances to the advancement of judicial accountability in Uganda. The study recommends the creation of avenues to provide room for public participation in the recruitment process of judicial officers, the development of guidelines for selection of a representative of the public’s representative to the JSC, including Opposition members of Parliament in the JSC, improved relations between the Bar and the Bench, and respect of court decisions and processes by the Executive and the public.
A Comparative Analysis of the South Sudan Constitution Making Process with Other East Africa Countries
(Uganda Christian University, 2025-05-28) Michael Saki Wani
The South Sudan Constitution Making Process provide an opportunity for the Country to address governance, economic, social issues and others facing the Country for decades now. However, it’s important for the process to appreciate democratic principles by ensuring that there’s active participation of the citizens and their views are reflected in the final constitutional text. In writing the new constitution for South Sudan, it’s equally important that the Country borrows past and present experiences of the East African Countries especially appreciating their processes, procedures and institutions charged by the responsibility of spearheading the process as provided by law. The Constitution Making Process Act establishes key institutions such as the National Constitution Review Commission (NCRC), The National Constitutional Conference (NCC), Preparatory Committee and the Drafting Committee. These institutions were charged with different responsibilities for ensuring a transparent, accountable, credible and legitimate Constitution Making Process. However, the process is faced with a number of challenges including lack of political will by the leadership, lack of resources, failure to implement the Revitalized Peace Agreement, political and security tensions in the Country, leadership failure and others. The study recommends the review of the Constitution Making Process Act to narrow the existing lacunas in the law, provide budgetary allocation of funds to the institution, constitutional referendum, reform draconian security laws, ensure judicial independence and impartiality and others.
An Assesment of the Impact of New Technologies on the right to Freedom of Expression in Uganda
(Uganda Christian University, 2025-05-28) John Zake Senoga Kagutema
Because of the rapid development in technology, the right to freedom of expression in Uganda is in question, this research aims at providing a comprehensive analysis of laws and regulations in conjunction with technology from Uganda’s perspective. It will explore the various approaches adopted by Uganda, highlighting key legislative instruments, regulatory bodies, and enforcement mechanisms. Using a quantitative research methodology, this research will examine the challenges met in implementing the laws on cyber security in Uganda and also analyses the laws such as the Computer Misuse Act, 2011; (2) Electronic Transactions Act, 2011; and (3) Electronic Signatures Act, 2011. Ultimately, this research underscores the importance of international cooperation and dialogue in addressing the complex and evolving landscape of cyber security threats. As cyber risks continue to evolve, so too must the legal frameworks designed to mitigate them, ensuring that they are both effective and adaptable to the changing dynamics of the digital age. It should be equally noted that today a great part of life is based on digital connectivity and digital transformation is reshaping industries and societies, the protection of data and critical infrastructure from cyber threats has become a paramount concern. Cyber security incidents, ranging from data breaches to ransom ware attacks, have escalated in frequency and sophistication, underscoring the vulnerabilities inherent in our interconnected world. Governments, businesses, and individuals are increasingly recognizing the need for robust cyber security measures to safeguard sensitive information, protect privacy, and ensure the continuity of essential services.
The Effectiveness of the Law in the Protection of Mountain Gorillas ( A Case Study on Bwindi Impenetrable National Park)
(Uganda Christian University, 2025-05-28) Prudence Persey Guma
This dissertation critically examines the effectiveness of the legal framework in the protection and conservation of mountain gorillas in Bwindi impenetrable national park, Uganda. It explores how domestic, regional and international legal instruments and policies contribute to gorilla conservation with a particular focus on Uganda’s policy developments . This dissertation evaluates the strengths and weaknesses of key instruments like the Uganda wildlife policy 2014,the Uganda Wildlife act as revised , the national environmental act as revised and the 1995 constitution of the republic of Uganda as amended while integrating doctrines like the public trust doctrine, environmental social impact assessment and community participation principles. It also assesses the role of regional protocols such as the East African Community Treaty (EAC) And International Instruments like the Convention on Biological Diversity(CBD).By analyzing the different instruments in the protection of mountain gorillas, this study also proposes recommendations for a more inclusive and adaptive frame work that enhances the protection of endangered species.
Examining the Effectiveness and Practical Reality of International Humanitarian Law in Armed Conflicts
(Uganda Christian University, 2025-05-28) Elijah Muwanguzi Kabwigu
The International humanitarian law (IHL), also known as the law of armed conflict, is a set of rules which seeks to limit the humanitarian impact of war by regulating the conduct of hostilities and protecting those not or no longer participating in war. International Humanitarian Law protects civilian, restricts the means and methods of warfare. Armed conflicts are divide into international armed conflicts and non-international armed conflicts . The Common Article 2 of the 1949 Geneva Convention has defined International Armed Conflict (IAC) as any armed conflict or declared war between two or more High Contracting Parties. This was also defined in the case of prosecutor verses Tadic where an international armed conflict was defined to mean the use of armed force between states . Further, according to additional protocol 1 of the Geneva conventions, armed conflict was also defined to include conflicts by liberation movements. Non international armed conflicts on the other hand has been defined as an armed conflict between a state and an organized armed group or between two organized armed groups within the territory of a state. In this study, the researcher set out to examine how, and whether IHL are effective in protecting human subjects during armed conflicts by imposing limits on the destruction and suffering caused by armed conflict.
The Role of Uganda's Customary Law in Shaping Gender Norms and its Impacts on Women's Rights in Kampala
(Uganda Christian University, 2025-05-28) Josephine Gift
This research looks at how Uganda’s customary law shapes ideas about gender and affects women’s rights in Kampala, a lively city where old traditions meet modern laws. Even though the 1995 Constitution and other laws push for equal treatment of men and women, traditional practices like bride price, polygamy, and inheritance rules that favor men keep male-centered ideas strong. These customs make it hard for women to get justice, earn their own money, make their own choices, and stay safe from gender-based violence. The mix of customary and modern laws, resistance to change, weak law enforcement, and women not knowing their rights make these problems worse, especially in Kampala’s outer areas. Using ideas like legal pluralism, feminist legal theory, and social constructivism, the study shows the conflict between traditional customs and the Constitution’s promises. Groups like FIDA-Uganda, new laws, and community education efforts are helping create change. The study suggests steps like better law enforcement, updating laws such as the Marriage and Divorce Bill, teaching communities about equality, supporting women’s groups, blending traditional and modern legal systems, and investing in education and jobs to make customary law fairer. Kampala’s special mix of old and new ways offers both challenges and chances to build a fairer society for women.
A Critique of the Effectiveness of Cyber Laws in Addressing Cyber Harrassment
(Uganda Christian University, 2025-05-28) Mariam Mirembe
Cyber harassment is the use of a computer for making any requests, suggestions or proposals which is obscene, lewd, lascivious or indecent, threatening to inflict injury or physical harm to the person or property of any person. Cyber harassment is a growing evil that has been taking place since the invention of computer chat rooms to the creation of Facebook, twitter, tiktok, among others. With the presence of these various communication forums and the ability of users to remain anonymous, cyber harassment has become a daily crime, causing its victims to suffer from depression, self-denial, isolation and sometimes suicidal thoughts. This research basically looks at the effectiveness of cyber laws such as the Computer Misuse Act Cap 96, Access to Information Act Cap 95, and Data Protection and Privacy Act Cap 97, in curbing cyber harassment. The research shall be table-based (qualitative), specifically based on the available literature on the research topic as well as the required statutes, and it shall focus on the general population as the victim to cyber harassment. This research is expected to amplify the voice in the fight against cyber harassment as well as provide new measures to help curb the evil.
Assesing the Legality of Uganda's Military Interventions on Regional Peace and Security Agenda
(Uganda Christian University, 2025-05-28) Jame David Kolok
This study focused on assessing the legality of Uganda’s military intervention on the regional peace and security agenda. Considering the recent UPDF intervention in South Sudan, the researcher was particularly interested in using South Sudan as a case study. The researcher developed a framework through which the assessment can be conducted. Most importantly, the study started by unpacking similar interventions across the region and internationally looking at the legal and non-legal motivation for such interventions. This framework was then subjected to analysis through the Lens of Uganda’s recent intervention in South Sudan while consistently looking at whether this intervention met domestic, regional and international legal and non legal requirements governing military interventions. A thorough assessment is then made bringing out the impact of this intervention on number of thematic areas. Notably, implication on human rights, financial implications, political implications and legal implications. Finally, the key findings of the study, conclusions and recommendations were added to the last chapter.
Unlocking Economic Potential
(Uganda Christian University, 2025-05-28) Shantal Kirabo Katimbo
This work addresses the critical challenge of safeguarding Uganda's Traditional Medicine (TM). While TM is a vital healthcare resource and a cornerstone of the nation's cultural heritage, its significant economic potential remains largely unrealized. Despite Uganda's existing Intellectual Property (IP) policies and international commitments, key gaps persist. These include slow legal operationalization and a fundamental incompatibility between conventional IP systems and the communal, orally transmitted nature of traditional knowledge. This situation is worsened by a widespread lack of IP awareness among traditional healers and insufficient documentation of their knowledge. This deficit in IP awareness directly impedes equitable commercialization and heightens the threat of biopiracy. Foreign entities can exploit these vulnerabilities to appropriate communally owned knowledge without compensation, eroding indigenous sovereignty and cultural identity. The core purpose of this study is to propose effective IP protection strategies for Traditional Herbal Medicine in Uganda. This aims to ensure both economic empowerment and the enduring preservation of cultural heritage. It advocates for adapting successful global models to Uganda's unique socio-cultural and economic context through expedited policy implementation, targeted IP capacity building, and robust benefit-sharing mechanisms.

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